AIR 2007 PUNJAB AND HARYANA 31 ::(2007) 1 MarriLJ 87 ::(2006) ILR 2 P&H 435 ::(2006) 2 HinduLR 655 ::(2006) 4 CivilCourtC 337 ::(2006) 3 Pun LR 293 ::(2006) 4 RecCivR 66 ::(2006) 3 RecCivR 708 ::2006 (2) HRR 190 ::2006 HRR 2 190 ::2006 HRR 2 253 ::2006 (2) RenCR 211 ::2006 (3) Pun LR 182 ::2006 (2) RentLR 354 ::(2007) 1 LandLR 141 ::(2007) 49 AllIndCas 400 (P&H) ::(2006) 2 CurLJ(CCR) 423

Punjab And Haryana High Court

Hon'ble Judge(s): M. M. S. Bedi , J

(A) East Punjab Urban Rent Restriction Act (3 of 1949) , S.13B, S.18— Eviction petition by NRI landlord - Leave to defend - Dispute regarding relationship of landlord and tenant - Plea by landlord that he was co-owner of property - Name of landlord was already included in Municipal record as co-owner - Co-owner can file eviction petition - Finding of Rent Controller that dispute regarding relationship of landlord and tenant has to be decided by adducing evidence and thus tenant was entitled to leave to defend - Not proper. AIR 2006 SC 1471, Foll. (Para 13 15 16) (B) East Punjab Urban Rent Restriction Act (3 of 1949) , S.13B— Eviction petition by NRI landlord - Presumption of bona fide requirement - Mere assertion on part of tenant would not be sufficient to rebut strong presumption in landlord's favour that his requirement of occupation of the premises is real and genuine - Tenant is required to give all the necessary facts and circumstances supported by documentary evidence, if available - Documents produced by tenant showed that portion allegedly owned by landlord was in possession of his brother and one tenant - Finding of Rent Controller that bona fide requirement of landlord has to be determined by hearing the tenant and grant o....